Burglary

• intro = 2 ways a burglary can be committed~

  s9.1a - enters a building or part of a building as a trespasser with the intent to steal cause gbh or do criminal damage

  s9.1b - Having entered a building or part of a building as a trespasser steals or attempts to steals or inflicts/ intends to inflict gbh
• Entry = no defentition
• Partial entry is still entry, it does not matter ud you are not able to steal anything ( Ryan )
• Still entry if an object is inserted into a building to bring about the intended result ( Horncastle )
• Building = s9.4 theft act - ' Buildings include inhabited vehicles or vessels including caravans'
• A houseboat is a building ( Coleman )
• A shed is a building ( Rodmell )
• Lorry on wheels are not buildings ( Nolfolk v seekings )

  Lorry on sleepers are buildings ( B & S V Leathley )
• Part of a building = No definition in act
• Part of a building includes a definable area in a larger space ( Walkington )
• Trespasser = 2 ways

  1. entering a building without permission - if you are invited inside then you are not a trespasser ( Collins )
  2. Going beyond your permission - D has permission to enter the building but goes beyond that permission ( Smith and Jones )
• MR =

  1. must have the intent to commit - theft, GBH, criminal damage
  2. commits/ attempts to commit theft - commits/ attempts to commit GBH